Dispute Resolution

Dispute resolution in public procurement is a process to resolve disputes that may arise between parties involved in a public procurement. This process is governed by rules and procedures that are usually set out in public procurement documents, such as the tender notice, specifications and contracts.

Dispute resolution can be divided into two main categories: disputes that arise during the execution of the public contract and disputes that arise after the execution of the public contract.

For disputes arising during the execution of the public contract, the parties are encouraged to resolve their differences through negotiation and mediation. If these methods are not successful, the parties may resort to arbitration or legal proceedings to resolve their dispute. Arbitration and legal process terms are usually set out in the procurement contract.

For disputes arising after the execution of the procurement contract, the parties must follow specific dispute resolution procedures which may be set out in the procurement contract. In most cases, parties must provide written notice of their dispute and go through a process of negotiation or mediation before resorting to arbitration or litigation.

It is important to note that dispute resolution rules and procedures vary by country and jurisdiction, as well as by type of government procurement. Parties involved in a procurement should therefore familiarize themselves with the rules and procedures applicable to their specific procurement to ensure effective and fair dispute resolution.

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